People v. Alvarez

OPINION OF THE COURT

Sol R. Dunkin, J.

The defendant makes this motion for an order exonerating the bail posted by his surety. The People have the right to insist on a forfeiture of bail when the defendant has violated the terms of his freedom. Their correlative duty is, in the court’s opinion, to consent to exoneration of bail when common sense and simple fairness dictate no other course.

The factual allegations made by the defendant in his moving papers and oral argument are uncontroverted by the People in their answering affirmation.

The defendant was indicted on November 15, 1977 for criminal…